East Asia

ICSID issues first award involving China as Respondent, finding in host state’s favour

In an award dated 9 March 2017, the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims as time-barred. The Claimant's attempt to circumvent the limitation period by relying on the most … Continue reading

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Filed under Asia, East Asia, Hong Kong & China, Investment Arbitration, ISDS, Public International Law

A step towards finalising the Trans-Pacific Partnership Agreement: what does this mean for businesses?

As discussed in our blog post here, the TPP is a major free trade agreement between twelve countries in the Asia Pacific and the Americas that has been under negotiation for over four years. These twelve countries are the USA; … Continue reading

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Filed under Americas, Asia, Australia, East Asia, Investment Arbitration, Japan, Latin America, Malaysia, South East Asia, Trade law, Treaty negotiation, interpretation and impact, US, Vietnam

Korea and its trade partners appoint default arbitrators under free trade deals

In two separate recent developments, South Korea and its trade partners under international free trade agreements have agreed panels of default arbitrators available to hear disputes arising under the agreements. The South Korean Government has announced a list of default … Continue reading

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Filed under Asia, East Asia, Investment Arbitration

Sovereignty over Islands and Consequences for Maritime Boundaries: The Dispute over Senkaku/Diaoyu/Diaoyutai Islands

The last few weeks have seen anti-Japanese protests in almost a dozen Chinese cities.  Demonstrators took to the streets apparently in response to the latest developments in a long-standing dispute between China and Japan concerning a group of islands in … Continue reading

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Filed under Boundaries and Delimitation, East Asia, Hong Kong & China, UNCLOS

Bilateral Investment Agreement signed between Iraq and Japan on 7th June 2012

A bilateral investment agreement or treaty (BIT) between Japan and Iraq was signed on 7th June 2012. This is the first BIT between Iraq and a major economy and is a significant and credible commitment by Iraq to the rights … Continue reading

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Filed under East Asia, Investment Arbitration

Korea Bilateral Comprehensive Economic Partnership Agreement: the most recent example of intra-Asian trade agreements

A growing number of Asian economies are looking to each other for trade and investment. This note takes a look at such a strategic trade partnership pact – the Comprehensive Economic Cooperation Agreement (the “CEPA“) entered into between India and … Continue reading

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Filed under East Asia, India, Investment Arbitration